Glass v. Systemetrix Corp., (1997) 41 O.T.C. 144 (GD)

• Judge: McIsaac, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: September 04, 1997
• Jurisdiction: Ontario
• Citations: (1997), 41 O.T.C. 144 (GD)

Glass v. Systemetrix Corp. (1997), 41 O.T.C. 144 (GD)

MLB headnote and full text

Temp. Cite: [1997] O.T.C. TBEd. OC.008

Linda Glass (plaintiff) v. Systemetrix Corporation (defendant)

(File No. 31987/94)

Indexed As: Glass v. Systemetrix Corp.

Ontario Court of Justice

General Division

Newmarket

McIsaac, J.

September 4, 1997.

Summary:

The plaintiff began employment with the defendant in 1985, rising to the position of vice-president in January 1992, responsible for 15 employees. In April 1992, the defendant reorganized. All employees, including the plaintiff executed releases for "all claims" and seniority was to be determined as of April 1992. In 1993, the plaintiff was unhappy and tendered her resignation, giving one month's notice. The plaintiff was talked into withdrawing her resignation. Later that year, "strategic changes" resulted in the plaintiff losing her management responsibilities. The defendant terminated the plaintiff in February 1994, offering three months' pay. The plaintiff sued for damages for wrongful dismissal, seeking damages for a reasonable notice period plus damages for mental distress. The defendant sought deduction of the plaintiff's unemployment insurance benefits from any damage award.

The Ontario Court (General Division) held that the plaintiff was dismissed without cause. In calculating the period of reasonable notice, the plaintiff's service was not 8.5 years, but 22 months (April 1992) since the corporate reorganization and the release. The court fixed the period of reasonable notice at three months, dismissed the claim for damages for mental distress and declined to deduct unemployment insurance benefits received from the damage award.

Damages - Topic 1764

Deductions for payments or assistance by third parties - By statute or government - Unemployment insurance benefits - See paragraph 21.

Master and Servant - Topic 8000

Dismissal without cause - Notice of dismissal - Reasonable notice - What constitutes - See paragraphs 15 to 19.

Master and Servant - Topic 8003.1

Dismissal without cause - Notice of dismissal - Reasonable notice - Calculation of length of service - See paragraphs 15 to 19.

Master and Servant - Topic 8063

Dismissal without cause - Damages - Mental distress - See paragraph 20.

Cases Noticed:

Vorvis v. Insurance Corp. of British Columbia, [1989] 1 S.C.R. 1085; 94 N.R. 321; 58 D.L.R.(4th) 193; [1989] 4 W.W.R. 218; 36 B.C.L.R.(2d) 273; 90 C.L.L.C. 14,035; 25 C.C.E.L. 81, refd to. [para. 9].

Carveth v. Railway Asbestos Packing Co. (1913), 24 O.W.R. 151 (H.C.), refd to. [para. 11].

Cox v. Royal Trust Corp. of Canada (1989), 33 O.A.C. 95; 26 C.C.E.L. 203 (C.A.), refd to. [para. 11].

Addison v. Loeb (M.) Ltd. (1986), 13 O.A.C. 392; 25 D.L.R.(4th) 151 (C.A.), refd to. [para. 16].

MacLeod v. Air B.C. Ltd. (1981), 10 A.C.W.S.(2d) 232 (B.C.S.C.), refd to. [para. 17].

Bardal v. Globe & Mail Ltd., [1960] O.W.N. 253; 24 D.L.R.(2d) 140 (H.C.), refd to. [para. 19].

Sylvester v. British Columbia, [1997] 2 S.C.R. 315; 212 N.R. 51; 91 B.C.A.C. 124; 148 W.A.C. 124, refd to. [para. 21].

Dowsley Estate v. Viceroy Fluid Power International Inc. (1997), 100 O.A.C. 322 (C.A.), refd to. [para. 21].

Jorgenson v. Cewe (Jack) Ltd., [1980] 1 S.C.R. 812; 32 N.R. 1, refd to. [para. 21].

Spencer v. Rosati et al. (1985), 9 O.A.C. 119; 50 O.R.(2d) 661 (C.A.), refd to. [para. 22].

Counsel:

M. Verskin, for the plaintiff;

L. Pick, for the defendant.

This action was heard on July 7-10, 1997, before McIsaac, J., of the Ontario Court (General Division), whose following judgment was released on September 4, 1997.